Showing : 1-10 of 30 Results

CALCUTTA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Article 113-- Limitation - Claim of absolute ownership by defendant - Partition suit - Plaintiff in 1980 relinquished his title over suit property - Suit for partition was filed by plaintiff in 2004 - Defendant did not make any attempt within three years from registration of said deed of sale or within period..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 102-- Registered sale deed - Burden of proof - Registration of sale deed carries with it a presumption that it was validly executed - Burden of proof lies on the party challenging genuineness of transaction to show that it is not valid in law...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54-- Registered sale deed - Due execution - Sale deed is not required to be attested by two attesting witnesses - Marginal witnesses are not mandatory for execution and registration of sale deed - Once sale deed has been executed, unless executant disputes its execution, such sale deed is admissible in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52-- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the witness box..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Contempt of Courts Act, 1971, Section 12-- Contempt of Court - Disobedience and violation of order of Court - Sale deed executed and entire consideration paid before order of restraint - However, sale deed executed after passing of restraint order - It is the date of registration of document which is crucial inasmuch as transfer is..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Registration Act, 1908, Section 17, Evidence Act, 1872, Section 114-- Registered sale deed and Will - Neither challenged nor cancelled by any competent Court till date - Both the documents alleged to be executed after death of executant - Death certificate not issued by competent Magistrate - Death certificate cannot be made basis for nullifying registered documents..........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17-- Unregistered gift deed - Gift deed being compulsorily registrable document leaves no impact if it is unregistered - Getting the gift deed registered subsequently to the registered sale deed of the same property is also no impact as the same is obviously to obviate the concurrent decrees of two..........
JHARKHAND HIGH COURT
Year of decision: 2016
Details
Registration Act, 1908, Section 17, 72-- Sale deed - Refusal to register - Power of Registrar - If sale deed, validly executed with proper stamp paper is presented before registering authority then he is required to satisfy himself in terms of the provisions of 1908 Act and any other circulars and guidelines issued by land reforms..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Registration Act, 1908, Section 17-- Registration - Sale deed executed in the year 1996 but registered in the year 2008 - Law does not require that a sale deed must be registered on the same day on which it was executed - While the execution connotes the intention of the executant, registration brings about compliance with law -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Registration Act, 1908, Section 17, 49-- Receipt - Purports to be sale deed or agreement - Receipt executed neither on stamp paper nor registered - Held, receipt being unstamped and unregistered cannot be used as evidence - It cannot be used even for collateral purpose because it does not recite specifically that possession of suit land..........

Showing : 1-10 of 30 Results